Republic v Director of Public Prosecutions & 2 others Ex Parte Dismas Ndege Ogwoka [2014] KEHC 8307 (KLR)
- Court
- High Court of Kenya
- Case number
- 8307
- Citation
- [2014] KEHC 8307 (KLR)
- Decided
- 17 October 2014
The Court held that it cannot quash the decision to charge the applicants with the offence of Obtaining Money by False Pretences, but it can prohibit the Director of Public Prosecutions and the Chief Magistrate from carrying out further prosecution of the applicants in the criminal case.
Facts
The applicants, Dismas Ndege Ogwoka and Simon Ndege, sought orders to quash a decision to charge them with the offence of Obtaining Money by False Pretences in Kibera Chief Magistrates Criminal Case No. 1987 of 2012.
Issues
- Whether the Court can quash the decision to charge the applicants with the offence of Obtaining Money by False Pretences.
- Whether the Court can prohibit the Director of Public Prosecutions and the Chief Magistrate from carrying out further prosecution of the applicants in the criminal case.
- Whether the Court can prohibit the Chief Magistrate from taking evidence, conducting proceedings, or carrying on with the trial of the applicants in the criminal case.
Reasoning
The Court held that the mere fact that the criminal proceedings are likely to fail is not a ground for halting them by way of judicial review. However, if the applicants demonstrate that the criminal proceedings constitute an abuse of process, the Court will not hesitate in putting a halt to such proceedings.
Outcome
The application was dismissed.
Orders
- An order of prohibition directed at the 1st Respondent in person or through officers subordinate to him prohibiting him from carrying on with the further prosecution of the applicants in Kibera Chief Magistrates Criminal Case Number 1987 of 2012 as consolidated with Kibera Chief Magistrates Criminal Case number 1455 of 2012 or any other proceedings that may be instituted on the same basis as Kibera Chief Magistrates Criminal Case Number 1987 of 2012 as consolidated with Kibera Chief Magistrates Criminal Case number 1455 of 2012.
- An order of prohibition to prohibit the 2nd Respondent from taking evidence, conducting proceedings or carrying on with the trial of the applicants in Kibera Chief Magistrates Criminal Case No. 1987 of 2012 as consolidated with Kibera Chief Magistrates Criminal Case No. 1455 of 2012 or any other criminal proceedings that may be instituted on the same basis as Kibera Chief Magistrates Criminal Case No. 1987 of 2012 as consolidated with Kibera Chief Magistrates Criminal Case No. 1455 of 2012.
Remedies
- Prohibition against further prosecution of the applicants in the criminal case.
- Prohibition against the Chief Magistrate from taking evidence, conducting proceedings, or carrying on with the trial of the applicants in the criminal case.
Authorities cited
Legislation (2)
- Law Reform Act
- Civil Procedure Rules
Cases cited (2)
- Joram Mwenda Guantai vs. The Chief Magistrate, Nairobi Civil Appeal No. 228 of 2003
- Kuria & 3 Others vs. Attorney General
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